The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-01-05
Supreme Court-Jamuary Term.
BEFORE JUDD, C. J.
TUESDAY, ,Janu;


TUESDAY, January 4th
The Hawaiian jury having been sworn,
| the following cases were dealt with, the
Attorney General prosecuting on behalf
OF the Crown:
The King VS.. Kauka, larceny OF $1l.
Mr.. Poepoe for defendant. Plea not
guilty. This was an appeal from the
Honolulu Police Court. The jury found
defendant guilty and His Honor, in pass
ing sentence, pointed out the folly of at
tempting to evade the consequences OF
the crime, considering that the accused
had been caught in the act In
consideration of his having put the
Court to this unnecessary trouble, an
additional month was added to the sem
tence pronounced at the original trial
The sentence of the Court was four
months hard labor, a fine of 500 and
costs.
The King VS.. Paulo, murder. Messrs
Dare and Poepoe for defendant. Coun-
sci for the defense were furnished with a
list OF the jurors, and the trial was set
for this morning.
The King VS.. Haoleliilii, robbery. Mr.
M. Thompson for defendant. Defendant
was indicted, and pleaded not guilty.
The hearing was set for Friday next
The following case was to have been
submitted to the foreign jury:
Wilder & Co. vs.. Hop Wo Wal & Co.,
assumpsit. Messrs. Ashford & Ashford
appeared for plaintiffs, and on their mo-
ton, based upon the clerks certificate of
defendants failure to answer, it was or
dered that default and judgment be en-
tered against defendants for the amount
Claimed. The principal and interest OF
the prOmissory note on which it was
sought to recover amounted III the ag-
gregate to 1913 AZ, and the fees and com
missions to $40 96.
AT CHAMBERs-BEFORE PRESTON, ].
TUESDAY, January 4th.
J. E. Wiseman VS.. E. E. Mayhem, L.
Aseu, garnishee. Application by gar
nishee for discharge OF the ground that
he was not indebted to the principal de-
PENDANT The application was granted.
Messrs. Ashford & Ashford for the appli-
cant.
Thomas G.. Thrum VS.. PACIFIC Com
MERCIAL ADVERTISER and Il. j. Creigh-
ton. Alleged infringement OF copyright.
Messrs. l.. A Thurston and A. G.. Smith
for complainant Mr.. F. NJ. Hatch and
Messrs. Whiting &, Creighton for re-
spondents This was a preliminary
hearing, the respondents being required
to show cause why an introductory in
junction should not issue to restrain
them from publishing any further edi-
ton of the Hawaiian Almanac" which
is alleged to contain matter originally
published by the complainant. An affi-
davit was filed by the respondent
Creighton setting forth that the book
was compiled from original sources; that
no legal copyright was held, or was en-
titled to be held, by the complainant,
and that even if such copyright existed
there had been no infringement of it.
Mr.. Hatch called attention to the
vagueness of the bill filed by the other
side, and said that it did not contain
any distinct, positive or sufficient aver
ment of copyright for any almanac for
the year 1856 1t alleged in very in
definite manner that the complainant
7 was the proprietor OF copyright for a
similar work published in 1880. But
that could not hold good, as new work
was published each year. Also that the
bill did not set forth in what particulars
respondents publication is intended to
be or was an infringement. The bur
den of finding out this could not be laid
upon the Court. What part OF the
work was referred to as being an in
frineement? 1t was not alleged that
there was any republication OF origi-
nal articles, orr any statistics com
,,;lad hv complainant. In the origi-
f;,les only was he entitled to
..,,,,I.... f.. he lat
Ia made SOM .r -..' a.a. n
III arrangement OF .a,r'a.
y, o,I.f,., was in effect new invention. 3.
z.e<c Intended that the leg right oo
a- fair.v +, disoase, the Co'r ocr,- no,
= grant preliminary " - az
that it VS. universal rue ''"' n acre
any doul. existed az to IRE e-sclusive
a. ~. and legal tle the Court co4id 10, e1ef,
else iurisd.tion in the matter ulless
ldy particulars Nre given OF such t5tie, Inc
matters confined in the books ~efe
ana both largely lade up Of statemen'S o
rob- statistics extra,ta from Laws isis q
Tins officials &c, ch eo- ppot1 prog
ertg, and to Hhl. aeltasr e com fiain
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